Category: Legal terms

Most important points A disclaimer is a contractual clause or declaration that limits or excludes the liability of a party - e.g. in general terms ...

Most important points Compensation means that someone who has caused damage to another person must pay compensation. In German civil law, this applies if certain ...

Most important points A guarantee in the legal sense is a voluntary promise by a manufacturer or seller to vouch for the quality or durability ...

Most important points The German Civil Code (BGB) distinguishes between consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB). A consumer is a natural person ...

Most important points Warranty refers to the statutory liability for defects of the seller or contractor vis-à-vis the buyer or customer if the item or ...

Most important points Pseudo self-employment exists if a person working as a freelancer is integrated into the company under the actual working conditions as an ...

Definition and types of electronic signature The electronic signature is a digital procedure for ensuring the authenticity of electronic declarations and for uniquely identifying the ...

Definition and function of the secondary burden of proof The secondary burden of proof is a procedural legal concept in German civil procedure law. It ...

Definition and nature of the power of acquiescence The power of acquiescence is a form of power of representation developed by case law in which ...

Definition and meaning of freedom of contract Freedom of contract is an essential principle of private autonomy and refers to the right of every person ...

Definition and legal basis of the prima facie power of attorney The prima facie power of attorney is a form of power of attorney developed ...

Definition and meaning of implied action Implied (conclusive) action describes a form of declaration of intent in which a person expresses their legal intent not ...

Definition and meaning of the declaration of intent The declaration of intent is a central element of every legal transaction and refers to a statement ...

Definition and function of representation (Section 164 BGB) Representation enables a person (representative) to conclude legal transactions with direct effect for and against another person ...

Definition and purpose of legal capacity In a legal context, legal capacity describes the ability of a natural person to carry out legal transactions independently ...

Definition and legal basis (Section 138 BGB) In civil law, immorality refers to a violation of a legal transaction against the sense of decency of ...

Definition and basic principle of negligence In the legal context, negligence describes the failure to exercise due care in traffic. It occurs when a person ...

Definition and basic principle of intent In the legal context, intent refers to the conscious and deliberate bringing about of a certain result with knowledge ...

Definition and legal basis of the principle of abstra ction The principle of abstraction is one of the fundamental principles of German civil law and ...

Definition and legal basis The customary remuneration is a central legal institution in German contract law, which is anchored in Section 612 and Section 632 ...